Town of Bassendean

[2014] FWCA 6019

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Town of Bassendean
(AG2014/1946)

TOWN OF BASSENDEAN ENTERPRISE AGREEMENT 2014-2017

Local government administration
COMMISSIONER WILLIAMS	PERTH, 2 SEPTEMBER 2014

Application for approval of the Town of Bassendean Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Town of Bassendean Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Town of Bassendean. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Town of Bassendean brought an application to the Fair Work Commission for approval of the Town of Bassendean Enterprise Agreement 2014-2017. The applicant sought to have the agreement approved under section 232 of the Fair Work Act 2009. The dispute centred on whether the agreement complied with the statutory requirements for enterprise agreements and whether it was in the best interests of the employees and the employer.

The primary legal issues before the Commission were whether the agreement contained all the mandatory terms prescribed by the Fair Work Act 2009, and if it did not, whether any omissions could be condoned under the Act. Furthermore, the Commission needed to determine if the agreement was made in good faith and if it was likely to have a positive effect on the enterprise. The Commission also had to consider whether the agreement met the criteria for approval as set out in the Fair Work Act.

The Fair Work Commission found that the agreement met the majority of the statutory requirements and was in the best interests of the parties involved. The Commission noted that while there were minor omissions in the agreement, these did not significantly detract from the overall fairness and effectiveness of the agreement. The Commission was satisfied that the agreement was made in good faith and would have a positive effect on the enterprise. Consequently, the Commission approved the Town of Bassendean Enterprise Agreement 2014-2017. The approval was made subject to the agreement being registered with the Fair Work Commission within the specified timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established